Tag Archives: Syracuse NY

Insurance company says I don’t need a lawyer…

  By

best-syracuse-personal-injury-lawyersIf you have had an automobile accident, you’d like to get your vehicle repaired and “back to life” as soon as possible. We understand that and insurance companies know this. Since most lawyers offer a free consultation  for personal injury cases , it won’t hurt to ask over the phone.  Admittedly, we have a bias against insurance companies and what they might tell you.  This bias is based on our knowledge that no matter how nice insurance adjusters sound on the phone, they have one goal in mind above all others–to pay you as little as possible… I often hear clients with offers much lower than they should be tell us “The insurance agent said I don’t need a lawyer”.

Insurance companies do not work for you.  They rarely help you figure out your legal rights, and may not fully understand them.  They rarely give you a fair assessment of the value of your case.
If your injuries are significant, there are several reasons why a good lawyer can help you.  When you hire a lawyer who is willing to take a case to trial, value is added to your case in a number of ways.  A good lawyer will seek every category of damages that applies to your case, and find ways to support those damages with evidence that will be admissible in court.

The threat of trial itself adds to your bargaining power.  Make no mistake: the insurance company knows that it’s almost impossible to take a case to trial on your own. If you have been injured in an auto accident, you want someone on your side working for you. CALL US at 315-701-2939 or CONTACT US ONLINE

There is a time limit on which one  has to make a claim for personal injury and these vary by state and the type of case. If you feel like you may have a personal injury case, its important that you contact a knowledgeable Personal Injury Attorney as soon as possible so that they may review your case, and if a claim is to be made, do so within a timely manner. Insurance companies will often attempt to get a person with a personal injury case to settle as quickly as possible before they contact an attorney and often times, those people may have underestimated the true value of their case without proper and experienced legal counsel. Our office reviews all personal injury cases for free, and our personal injury attorneys all work on a contingency basis. If you are in the State of New York and have further questions about Personal injury or feel you have a personal injury case, please CONTACT OUR OFFICE through our website or call our office at 315-701-2939

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

What are my rights if I am stopped, searched, or arrested by police?

  By , ,

We get asked this question often. In New York State, your basic rights when stopped, searched, or arrested are as follows:

• You have the right to ask why you have been stopped.Syracuse Criminal DWI Attorney David Zukher
• The police may ask you to step out of your vehicle if you are stopped in a car.
• The police may “pat-down” your clothing for their protection if they suspect you are carrying a concealed weapon, but you have the right to refuse any additional search.
• If you are in police custody and are not free to leave the police must tell you that you have the right to remain silent and the right to talk to a lawyer before they question you.

You do not have to answer any questions without an attorney present. If you are in the Syracuse area, and have been arrested and charged with a crime, don’t hesitate to contact our office- call us at 315-701-2939 or CONTACT US ONLINE

See related articles:

Do I have to take a breathalyzer test if the police ask me to?

What is Drug Court and could it help me?

Drugs in a car are Everyones Drugs- The Automobile Presumption

What you should know about Probable Cause

NY Room Presumption- Guns and Drugs belong to everyone

New York Gun Laws

Do I have to take a breathalyzer test if the police ask me to?

  By , ,

breathalyzer-blog-syracuse-lawyersDo I have to take a breathalyzer test if the police ask me to? Most folks know that they have a right to refuse this test, and that is true. Many people are under the impression that refusing a breathalyzer test if they have been pulled over is a good move.

Lets clarify something first.  There are two breath tests you will likely be subjected to if suspected of driving while under the influence of alcohol.  The first test is the roadside test.  The second is the test done at the police station after being arrested.

The first roadside test should only be administered by the police if there are other indicators of DWI – such as a valid traffic stop, followed by possible odor, and standard field sobriety tests.  THIS ROADSIDE TEST IS NOT ADMISSIBLE AT TRIAL.  Should you take it?  Most likely the answer is yes. Regardless of the result, it will most likely not effect your case.

If you are arrested and brought down to the station for booking, you should be asked to blow into a calibrated machine.  This test is admissible and will be used to produce the actual amount of alcohol in your blood.  Should you take this test?  It depends.  How much have you drank (if anything)?  When did you take your last drink?  Have you been convicted or plead to any previous DUI or DWI charges?  These are some of the factors that come into play when making a decision.

You should know that refusing to take a breathalyzer test may result in an administrative suspension of your license by the NYS DMV for one year. This administrative suspension will prevent you from obtaining a hardship license while your case is pending in court and may result in an additional suspension of your license by the DMV beyond any suspension imposed by the court.You must think very carefully before refusing a breathalyzer test.

If you have refused a breathalyzer test, or been charged with DWI, don’t wait to get good advice. Call us at 315-701-2939 or CONTACT US ONLINE for a free initial consultation.

See related articles:

What are my rights if I am stopped, searched, or arrested by police?

Drugs in a car are Everyones Drugs- The Automobile Presumption

What you should know about Probable Cause

Felony and Guns

NY Room Presumption- Guns and Drugs belong to everyone

 

 

Why is my personal injury case taking so long?

  By

Why is my personal injury case taking so long?

Clients may, at times, feel frustrated, at the amount of time that it takes to settle a personal injury case. We find that communicating with our clients, and educating them on the process is a great assistance to them in knowing what to expect throughout their case. Each case is different. Some settle quickly, some could take years to complete.  What one should keep in mind is that once a settlement is reached or a verdict given, you can not go back later and ask for more if the injury is worse than expected. For this reason, you want your attorney to act with thoroughness rather than haste.

There are several steps in the process of a personal injury case. The Discovery period, is where each side finds out information about the others case. Lawyers from each side exchange statements of facts regarding who was involved, details of the incident, and witnesses. Establishing the full extent of injuries can also be a time consuming process. Medical experts may need time to determine the seriousness of an injury. During this time you may be asked to answer written questions under oath. Any documentation supporting your case should be supplied to your personal injury attorney at this time.

During depositions you are asked questions verbally under oath and your responses are recorded by a court reporter. Experts, as well as other witnesses may also be deposed at this time. Your attorney will be with you during the deposition. In preparation for a trial, certain Pre-trial Motions may be filed by either side. These may request that certain pieces of evidence be dismissed, and even the entire case. It does take some time for the court to respond to pre-trial motions.

Before a jury trial, settlement conferences or mediation may be scheduled in an effort to avoid a jury trial. If your case does not settle, a trial will be scheduled. Depending on how busy the court is, this could take several months as well. Some cases still settle while awaiting trial or even during the trial itself. A case may settle up until the point where a trial verdict is reached.

It’s important during the entire process that you communicate with your attorney. Any changes in your injury or medical condition should be reported right away. Same for contact information if you should move or have a change in phone number or email. If at any point you are not sure where your case stands, you should feel comfortable contacting your attorney and asking.
Do your part by providing documentation when requested and being available for appointments.

Most personal injury cases do not require an up-front retainer, they are taken on a contingency basis. Be sure you understand the fees you will be charged against your settlement and any case costs associated with your case. If you feel you may have a personal injury case and live in the State of New York, please don’t hesitate to call us at 315-701-2939 or CONTACT US ONLINE with any additional questions you may have.

What is Drug Court and could it help me?

  By

What is Syracuse Drug Court and is it right for me?

syracuse-lawyers-drug-chargesThis week, a caller asked if we thought Syracuse Drug Court was a good idea. Our answer was that we think drug court is a great idea for certain clients. Syracuse Community Treatment Court  (SCTC) commonly known as Drug Court oversees delivery of Continue reading

Drugs in a car are Everyones Drugs- The Automobile Presumption

  By

A Krock listener called with this story: She was in a car with her 3 friends smoking marijuana, the police came to the car, smelled the smoke, and asked all the vehicles occupants to step out of the car. The girl herself had no marijuana on her person or in her purse, however two of her other friends did, and in the car, was  a drug called “molly”. All of them were charged with possession of the drug. Her question was “How can they charge me when I had nothing on me, especially with a drug found in the car?”

They can and they will. NYS Penal Law section 220.25 provides that
“The presence of a controlled substance in an automobile, other than a public omnibus, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such controlled substance was found…”
This is known as the Automobile Presumption.

But what about Due Process, that protects against loss of life, liberty, or property without fairness? The rationale of this statutory presumption lives through the due process clause because a) The law could make the conduct a crime in and of itself; b) A rational connection exists between proven and presumed fact; c) It is easier for the defendant to disprove than the prosecution to prove the presumed fact. We should note that these presumptions also apply in cases such as stolen goods, and crimes such as robbery.

The take home message here, choose your friends wisely. The people you choose to associate yourself with could impact your life, as well as your criminal record. Certainly, there are constitutional questions and defenses to be raised in such circumstances.  If you find yourself charged with a crime of this nature, it is imperative that you contact an experienced, knowledgeable criminal attorney in your state. If your charges are in Onondaga, Oneida, Madison, or Jefferson County and have additional questions, don’t hesitate to give us a call at 315-701-2939 or  CONTACT OUR OFFICE Online.

See related articles:

What are my rights if I am stopped, searched, or arrested by police?

Do I have to take a breathalyzer test if the police ask me to?

What is Drug Court and could it help me?

What you should know about Probable Cause

NY Room Presumption- Guns and Drugs belong to everyone

 

Self-defense or Crime? The Justification defense

  By

Justification, commonly referred to as “self-defense,” may apply in instances such as defense of property and self-defense.

Syracuse Ctriminal defense attorney David ZukherJustification recognizes that the use of force may be allowed under certain circumstances.  An individual may use physical force, as well as deadly physical force, in certain circumstances to defend property which is any premises a person is legally occupying.  Physical force, but not deadly physical force, may be used to stop or end a crime involving damage to premises; trespass; larceny; and mischief.  Deadly physical force maybe used to stop an act directed at a premises only when the offense is arson or burglary.

With regard to self-defense, a person must “reasonably believe” that an individual is about to use physical force on himself or another person in order to justify the use of physical force in self-defense.  A person must believe that another is about to use deadly physical force on them or a third person in order to justify the use of deadly physical force in self-defense.  However, in certain circumstances, deadly force may not be used upon another person, if an individual knows that he or she can avoid the necessity of doing so by safely retreating.  The duty to retreat does not arise until the point at which a person reasonably believes that deadly force against him or her is imminent.  An individual who is not the initial aggressor and is in his own residence has no duty to retreat.  An individual may also use deadly physical force when he or she reasonably believes that another is about to commit a kidnapping, robbery, forcible rape or forcible sodomy.

In determining the reasonableness of a persons belief, a variety of factors are relevant. These can include:  the movements of the potential assailant and the physical attributes of all persons involved.  Additionally, any prior experiences that could have provided a reasonable belief that another was intending to injure are relevant.  For example, a person’s past tendency towards violence or knowledge of a past specific violent act may be considered.

Self-defense may not be used when an individual was the initial aggressor.  However, an initial aggressor who then retreats from the conflict and communicates that retreat to the other person may use self-defense.  The threat to use physical force determines who was the initial aggressor.  Finally, insulting language or a threatening gesture alone may not suffice to allow the use of self-defense.

There are several variables involved in a self-defense case. It’s important if you are charged with a crime to seek out advice of an experienced criminal defense attorney. If you should have any questions about a particular matter and your charges are in Onondaga, Oneida, Madison, or Jefferson County, don’t hesitate to call us at 315-701-2939 or CONTACT US ONLINE for a free initial consultation.

See related articles:

How do I remove a criminal charge from my record?

What you should know about Probable Cause

Robbery vs Burglary

Felony and Guns

What is Harassment?

New York Gun Laws

Can the Police Legally Search Your Butt After a Routine Stop for a Traffic Ticket?

  By , ,

Can the Police Legally Search Your Butt After a Routine Stop for a Traffic Ticket?

2011 04 11 - 7662 - Washington DC - DC Rights Protest
thisisbossi / Foter / CC BY-NC-SA

On August 5, 2013, a Syracuse police officer stopped a man for a traffic violation when he allegedly failed to use a turn signal.  After noticing him wiggling around in his seat, the police allegedly saw crack cocaine on the man’s seat.  When the man was brought to the Justice Center and a body search was conducted, the police allegedly found crack cocaine hidden in his buttocks.  The man was charged with drug possession third and fourth degree felonies and a drug possession in the seventh degree misdemeanor.

Did the police have the right to search the man’s butt when he was only stopped for a traffic ticket?  As with every drug case, the key issue is whether the police seizure was lawful or did the police violate the man’s search and seizure rights.  The answer requires a lawyer to analyze the legality of the search and seizure had under the federal (Fourth Amendment) and New York constitutions.  As a general rule, when a car is stopped for a traffic infraction, the police may not search absent additional grounds to believe that a crime has been committed.  The police can order the driver or passenger out of the car during a traffic stop and, if the police observe contraband in plain view, they can search the entire car, along with its occupants.  Another permissible reason for the police to search a car is when the police smell marijuana in the vehicle.

Although there are many valid reasons for the police to search a car and its occupants, the police often conduct car searches based on illegal reasons.  Just some examples are:  (1) the car is in a “high crime area;” (2) furtive movements of the car’s occupants, like “wiggling” or moving your hands; (3) the occupants giving different stories as to their travels; and (4) asking the occupants if the car contains “anything illegal they should know about” without observing any facts of a crime.

If the police conduct an illegal search, and the proper suppression motions are brought by your attorney, all property illegally seized will be suppressed and may not be used as evidence against you at trial.  In certain instances, suppression from an illegal search may extend to your statements or confession, which may be suppressed as the “fruit” of the illegal search or “poisonous tree.”

Can the police search your butt after a traffic stop?  The legal answer often depends on the skill and ability of your attorney to conduct a proper and detailed analysis of your case under the applicable search and seizure law.  The attorneys at Weisberg & Zukher, PLLC. have more than a decade of trial and motion experience with search and seizure issues.  If you are charged with a drug crime, our knowledge of search and seizure law will make all the difference in your case, to obtain the best result possible for you.

Call Weisberg & Zukher, PLLC. at 315-701-2939 for a free consultation or send us an e-mail to tell us about your case at bestsyracuselawyer.com.  O

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Candy Crush While Driving May Not Be So Sweet for Your License

  By ,

candy-crush-while-driving-best-syracuse-lawyer

It’s the latest craze.  Everyone is doing it.  Yes, it’s Candy Crush.  The almost irresistible urge to check your cell phone to see if enough time has passed for you to get another life, so you can have yet one more turn at that annoying level you’ve been stuck on for days.  Or maybe, your friends sent you a life you can use to finally move down that candy crush path toward earning the envy of everyone around you, as you proudly announce a triple digit level number to signify your genius and skill.
Unfortunately, if you are overcome by the irresistible candy crush urge while driving, you may be pulled over and ticketed by the police for a violation of New York Vehicle and Traffic Law Sections 1225-c (Use of Mobile Telephone) or 1225-d (Use of Portable Electronic Devices).  These rules prohibit the use of cell phones while driving, and a traffic ticket for breaking these rules can be anything but sweet, tasty, delicious, or divine.
If you hold a New York State driver’s license, a conviction will add 2 points to your license.  This can lead to increased car insurance rates, high fines, and, ultimately, to a license suspension if you get 11 points on your license within 18 months.  Although spending hours in court dealing with a cell phone ticket can add to your candy crush status (make sure your phone is set to silent), it’s really not that great.
Even if you do not live in New York State, New York will create a driving record based on your conviction.  If you get 11 points in New York State within 18 months, you will lose your right to drive here and, chances are, that a cell phone ticket conviction in New York will appear on your home state’s driver’s license.

If you get a cell phone ticket, don’t despair.  Call Weisberg & Zukher, PLLC. at 315-701-2939 for a free consultation or send us an e-mail to tell us about your case at bestsyracuselawyer.com.  Our experienced attorneys will help you by vigorously defending your cell phone ticket or any other traffic violation.  We will help you get your life back on track and down that everlasting candy crush path.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Robbery vs Burglary

  By

Robbery vs Burglary

Robbery is the taking or attempting to take something of value from another person by use of force, threats or intimidation. The victim is present during a robbery. There are varying degrees of robbery charges in New York State; First, second and third. The degree is based on the extent of force used or threatened, the type of “weapon” used or threatened with, and how many people were involved in the robbery. It should be noted here that even “fake” weapons such as a toy gun, would be considered the same use of force as a real gun. New York Penal Code 160.10 provides that “A  person  is  guilty of robbery in the second degree when he forcibly  steals property and when:…(b)  Displays  what  <strong>appears</strong> to be a pistol, revolver, rifle, shotgun,  machine gun or other firearm; or…” So it is based on the victims perception of the weapon, and if it appears to be real regardless whether it is actually capable of firing.

Burglary, by contrast, is when a person enters a building or a structure with the intent to commit a crime. Burglary also has three degrees which vary based on weapons, injury and whether there was force used to enter the premises such as breaking a window or something of that nature. The victim does not need to be present for a burglary to occur. It’s important to note two things ~ to enter doesn’t require actually breaking in, and includes even an object used to extend your own reach.

New York State takes both of the above crimes extremely seriously. If you have been charged with Robbery or Burglary in the State of New York, it’s imperative that you seek the advice of an experienced criminal defense attorney. If you should have any questions about a particular matter and your charges are in Onondaga, Oneida, Madison, or Jefferson County, don’t hesitate to call us at 315-701-2939 or find us on the web at bestsyracuselawyers.com for a free initial consultation.

See related articles:

How do I remove a criminal charge from my record?

What you should know about Probable Cause

Self-defense or Crime? The Justification defense

Felony and Guns

What is Harassment?

New York Gun Laws

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Felony and Guns

  By

Felony and Guns

syracusese-attorney-david-zukher-on-krockOn Krock, a listener called with this question: If I have a felony on my record, can I go to the range with my friends and just shoot the gun as long as I don’t own the gun?The quickest answer Attorney Zukher has ever given on the show~ “No.”

 “No, do not do it.”

New York State is one of the most serious when it comes to gun laws. Gun charges carry serious penalties on convictions. Folks with felonies on their records are urged to stay clear away from any sort of firearm for any purpose, even hunting, or a day at the shooting range.

If a felon is found in possession of a firearm, not necessarily their firearm-but any firearm, they will be arrested. The sentence doubles for these people because they are considered a predicate if their felony conviction was less than ten years old. Sentences for these crimes can carry prison terms of up to 14 years,

In case we weren’t clear, if you have a felony on your record, are on parole, or probation, do not go near a firearm. Don’t hunt with a firearm, take up fishing. Go to the driving range instead of the firing range. Don’t go to the gun show, go to the boat show. If there is a gun in the same room with you, leave the room.

A second listener called with a real dilemma: With a felony conviction on his record, his fiancee’ carries a pistol for work each day and is required to carry the firearm. What should someone in this circumstance do? Attorney Zukher advised the caller to take several steps; Ensure there is a gun safe at the home, and that it remains locked at all times, ensure proper safety precautions are taken, and finally to petition the judge for a Certificate of Relief from Disabilities. In the petition, explain to court the reason and the exception he is seeking, and it may be granted that he is permitted in the same household under certain circumstances depending on the variables of his particular case.

For more information on the Certificate of Relief from Disabilities see our related blog article Removing a Criminal Charge From Your Record. If you should have any questions about a particular matter and your charges are in Onondaga, Oneida, Madison, or Jefferson County, don’t hesitate to call us at 315-701-2939 or find us on the web at bestsyracuselawyers.com for a free initial consultation.
See additional articles:

How do I remove a criminal charge from my record?

What you should know about Probable Cause

Self-defense or Crime? The Justification defense

Robbery vs Burglary

NY Room Presumption- Guns and Drugs belong to everyone

New York Gun Laws

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

What is Harassment?

  By

What is harassment?

There are a few different degrees and levels of harassment. NY Penal Code S 240.26 defines Harassment in the second degree as;

“A person is guilty of harassment in the second degree when, with
intent to harass, annoy or alarm another person:
1. He or she strikes, shoves, kicks or otherwise subjects such other
person to physical contact, or attempts or threatens to do the same; or
2. He or she follows a person in or about a public place or places; or
3. He or she engages in a course of conduct or repeatedly commits acts
which alarm or seriously annoy such other person and which serve no
legitimate purpose.”

Harassment in the first degree is charged when the defendant has made intentional and repeated acts of the above which gives the victim a reasonable fear of physical injury. The crime is upgraded to Aggravated Harassment when the harassment includes use of written or mechanical communication. This includes telephone, email, recordings etc… An upgraded charge of Aggravated Harassment also occurs there is a previous conviction of Harassment or when it is done because of a

“belief or perception regarding such person`s race, color, national
origin, ancestry, gender, religion, religious practice, age, disability
or sexual orientation, regardless of whether the belief or perception is
correct” – NY Penal Law S 240.30.2 Aggravated harassment in the second degree.

Crimes due to the above are considered “hate crimes”. Aggravated Harassment in the first degree is a Class E felony.

Does posting on someone else’s Facebook page considered Harassment? It could be. Depending on the facts of the case. It could also be considered a form of Cyber- bullying or Cyber-stalking based on the particulars of the case. Facebook has a page with more information regrading this at http://www.facebook.com/help/search/?q=cyber+bullying
Harassment, bullying, and stalking are serious crimes. Convictions can carry sentences of several years in prison. If you or someone you know is a victim of one of these crimes, its important to report all communications with the assailant to the proper authorities. If you have been charged with any of these crimes, it’s important that you seek the advice of an attorney experienced in criminal law.  If you should have any questions about a particular matter and your charges are in Onondaga, Oneida, Madison, or Jefferson County, don’t hesitate to call us at 315-701-2939 or find us on the web at bestsyracuselawyers.com for a free initial consultation.

See Related Articles:

How do I remove a criminal charge from my record?

Felony and Guns

New York Gun Laws

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

What is Burden of Proof?

  By , ,

Syracuse NY Criminal Attorney David ZukherCivil v Criminal- Burden of Proof?

What is the difference between a civil case and a criminal case?  In general, a civil case is designed to settle disputes between private parties. A criminal case seeks to take action against an individual for commission of a criminal offense on behalf of society.  Criminal cases are brought on behalf of The People of the State or The People of the United States (in cases of a federal jurisdiction) Civil cases are between two private parties, individuals, corporations or government entities. Continue reading

Charged with DWI in NY

  By , ,

Charged with DWI in NY – Now What?

If you have recently been charged with a DWI you are probably quite concerned about how this is going to affect you, and the rest of your life. You should be. A DWI conviction on your record may stay there for your entire life. It may affect your ability to get certain types of jobs or professional licenses. The additional insurance costs alone will be a significant increase over previously paid premiums. Additionally, in NY a DWI charge is a jailable crime. The fines, penalties, and jail time increase with each conviction.

OK, so you got charged with a DWI, so now what?

The first thing to do is call an experienced DWI Lawyer immediately. This is not a time that you can afford bad advice. Your second cousin who is a real-estate attorney is not what you need right now. You need an attorney that is familiar with the DWI laws, all the possible defenses, and the courts in which you will be appearing. This person should be willing to sit down with you, explain your rights, answer your questions, and work with you to find the best possible defense for your situation. Be sure you are speaking with an experienced DWI attorney, and not an assistant or a call-screener. Your attorney should be accessible to you throughout your case, and keep you informed of any changes or decisions as they occur.

The urgency is speaking with a qualified attorney immediately is the help with a hardship license application which must be done at the first appearance (arraignment). Discovery motions should also be done within 45 of arraignment. These things sometimes make all the difference in the outcome of a case, or if the prosecution even has a case at all. A little over a month is not much time to find an attorney, meet with the attorney, have the attorney research, write and file any possible motions. Lastly, if you are ticketed for refusing the breathalyzer, the DMV will schedule a hearing within a couple of weeks and you need a lawyer at that hearing to protect your right. If you are not successful at that hearing, the DMV suspends your drivers license for 1 year regardless of the outcome of your case.

Important information you want to convey to your attorney to assist them in putting together the best possible defense for you is:

  1. The circumstances surrounding the stop of the vehicle. Why did they pull you over in the first place? At what time?
  2. The circumstances that led the officer to believe that you may be intoxicated
  3. Who was in the vehicle with you? According to Leandra’s Law, if driving while intoxicated with a person under the age of 15 in the vehicle, your charge is a felony. Even if it’s your first offense.
  4. What is your driving history?
  5. Was there an accident involved in your charges?
  6. Did you have a breathalyzer test or a blood test taken? At what time?
  7. What other Field Sobriety tests were performed, and the time frame in which they occurred.
  8. Were there any other witnesses?
  9. The time frame in which the entire incident occurred from initial stop to Miranda rights, and arrest.

If you have been charged with ANY driving while intoxicated, DWI or DWAI offense in NYS, you can talk with an attorney in our office for a consultation for FREE. Don’t hesitate to call us at 315-701-2939 or find us on the web at bestsyracuselawyers.com for a free initial consultation.

 

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

NY Room Presumption- Guns and Drugs belong to everyone

  By

syracuse-lawyers-guns-drug-chargesNY Room Presumption- Guns and Drugs belong to everyone

We posted a blog awhile back titled Drugs in a car are Everyone’s Drugs- The Automobile Presumption. We received quite a bit of feed back on that, as many people were unaware that they could be charged with possession of not only drugs, but also weapons if they are in a car with someone who has drugs or weapons.

Addressing some of the questions and comments we heard from that post here, we also wanted to bring up another legal presumption here in NY State, the Room Presumtion.  New York Penal – Article 220 – § 220.25 Criminal Possession of a Controlled Substance; Presumption states that “The presence of a narcotic drug, narcotic preparation, marihuana or phencyclidine in open view in a room…controlled substance is presumptive evidence of knowing possession thereof by each and every person in close proximity to such controlled substance at the time such controlled substance was found;…” Similar articles are in place for illegal weapons as well.

So you’re at a party where there are drugs, yes you can be charged with possession even if you were not using the drugs, touching the drugs etc… Same goes for illegal weapons. It’s important to note here, illegal weapons are not limited to guns when it comes to the Room Presumption. There are many items which can be considered illegal weapons.

Another important point as we discussed in our article Felony on your record? Stay away from guns! Is that merely being in the same room with a gun could violate a person’s parole, probation or even in just the case of a felony record result in a double sentence if considered a predicate if the conviction is less than 10 years old.

The take home message here, once again- choose your friends wisely. Know your surroundings and who is around you. The people you choose to associate yourself with could impact your life, as well as your criminal record. Certainly, there are constitutional questions and defenses to be raised in such circumstances.  If you find yourself charged with a crime of this nature, it is imperative that you contact an experienced, knowledgeable criminal attorney in your state. If your charges are in Onondaga, Oneida, Madison, or Jefferson County and have additional questions, don’t hesitate to CONTACT OUR OFFICE

What are my rights if I am stopped, searched, or arrested by police?

Drugs in a car are Everyones Drugs- The Automobile Presumption

What you should know about Probable Cause

Drug Sales on School Grounds

New York Gun Laws

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Drug Sales on School Grounds

  By

Drug Sales on School Grounds

So you think it’s no big deal, you have a little pot on you at school- maybe you sell a little bit to a friend, not much- maybe enough to roll a single joint with. After all marijuana is decriminalized in NY right? You can’t be charged with any real crimes right? Wrong. A big wrong that could have huge impacts on your entire life.

Yes, it’s true in NY State Unlawful Possession of Marijuana is considered only a violation and subject to only fines on your first or second offense and “only” a fine and/or 15 days in jail on your third offense. The game all changes when it happens on school grounds. That little bit of marijuana that you sell to a friend for a few bucks becomes subject to felony charges that could have a significant impact on the rest of your life.

Section 221.5 of NYS Penal code provides that “A person is guilty of criminal sale of marihuana in the second degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than four ounces, OR knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana to a person less than eighteen years of age.”  Criminal sale of marijuana in the second degree is a class D felony. A class D felony could be punishable of 1-3 to 7 years in prison. In addition, a felony conviction on your record will affect you ability to receive federal and state student loans, could prevent you from obtaining professional licenses, firearm permits, and make you ineligible for certain jobs.

Already thinking twice about having drugs in school or selling/sharing with friends? Good but wait – there is more. Depending on the circumstances, amounts, and other variables, you COULD open yourself to charges in violation of Section 220.44 Criminal sale of a controlled substance in or near school grounds. Criminal sale of a controlled substance in or near school grounds is a class B felony. All the same ramifications of felony convictions on your record that we told you about above hold true and in addition, non-violent class B felonies carry a sentencing guideline of  1-3, Max 25 years.  This includes recreational drugs like psychedelic mushrooms, acid, narcotic pain pills, hashish, ecstasy, and of course cocaine and heroin.  “Harmless experimentation” with these popular drugs in or around schools is a very serious mistake! It’s certainly not harmless to your health or your future.

If you find yourself charged with a crime of this nature, it is imperative that you contact an experienced, knowledgeable criminal attorney in your state. If your charges are in Onondaga, Oneida, Madison, or Jefferson County and have additional questions, don’t hesitate to CONTACT OUR OFFICE

See related articles:

What is Drug Court and could it help me?

How do I remove a criminal charge from my record?

Drugs in a car are Everyones Drugs- The Automobile Presumption

NY Room Presumption- Guns and Drugs belong to everyone

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

How to Help Your Personal Injury Case

  By

How to help your Personal Injury Case

Syracuse NY Criminal Attorney David ZukherWe know that you thought that once you signed the retainer agreement your work was done. Well that’s true in a way. The first good move in ensuring the best possible outcome for your case is hiring an experienced personal injury attorney, but ongoing teamwork throughout the case between you and your law firm is key in achieving both the best possible outcome for you and doing so in the most expeditious way. Some ways that you can do your part:

1. Keep good records. It’s important in Civil cases to establish time lines of events and treatment, as well as expenses incurred. Keep a ledger for yourself of any event or expense that pertains to your case. Ex: 1/29/13 Appointment w Dr. Smith $20. co-pay, $5. parking / 3 hours missed work. This is important for several reasons. First, It keeps an automatic timeline for you of which physicians you visited and when. Later on in the case, when medical records are being requested and a history of your treatment is being presented, it will be easy for you to communicate with your attorney so they can present a clear and concise treatment history. Also, some of your out of pocket expenses or missed time from work may be recoverable to you depending on the case.

2. Communicate with your attorney often. Personal injury cases can be long processes (for more information on why, see our related article “Why is my personal injury case taking so long?”). It may take quite some time to establish the exact extent of your injuries, for your attorneys to communicate with and request documents from providers, insurance companies, and other attorneys. Time is given to each side to ask and answer questions posed by the other side, and exchange evidence. During this time period, it’s good to maintain communication with your lawyer and perfectly acceptable to call and ask for an update if you haven’t heard from them in awhile.

You should contact your attorney whenever there has been a significant change in the treatment of your injury, you will be seeing a new medical provider, there is a change in insurance, or there is any additional incidents or injuries.

3. Get the names and addresses of every provider you see, and write down as much information as possible that may be relevant to your case. The location of the incident, any witnesses involved, and any particular information that you may feel is relevant.

A few small steps on your part can make a huge difference in the way your case progresses. If you feel you may have a personal injury case and live in the State of New York, please don’t hesitate to contact us with any additional questions you may have.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

What is the Divorce Process Like in New York?

  By

 

What is the divorce process like in NY?

Some divorces are simple and can be handled with a minimum amount of court involvement.  However, most divorces are complex and involve many issues.  The following is a basic outline of the divorce process…

Your lawyer will prepare a complaint setting forth the reasons for the divorce.  The complaint is filed with the court and served on the other spouse.  The parties, through their attorneys, engage in a period of “discovery,” during which they exchange all documents and other information relevant to deciding the issues in the divorce such as property division, spousal support, and child support.  During this process, the parties may reach a settlement with regard to all of the issues in a divorce.  If a settlement is reached, an agreement is submitted to the court.  If the judge approves the agreement, the court issues a divorce decree that includes the terms to which the parties agreed.  If the court does not approve the parties’ agreement, or if there has been no agreement, the case will go to trial.  At trial, the attorneys present the evidence and arguments for both sides, and the court decides the issues.  If no agreement was reached and the case proceeds to trial, the parties can appeal the court’s decision to a higher court.

Divorce is a complicated process.  Our trial experienced Family Law attorneys at Weisberg & Zukher will take the time to talk with you to ensure that you understand all of the factors involved in your divorce, and work with you individually to prepare a sound legal strategy to ensure the best result possible in your case. For more information on how we can help Contact us by using the link or by phone at 315-701-2939.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

 

Increase or Reduction in Child Support in New York

  By

Increase or Reduction in Child Support in NY

Child Support Modification is generally requested for two primary reasons;

1. A significant change in Financial Circumstance.

2. A change in the child’s living arrangements.
In New York State, if the prior order is more than 3 years old or the non-custodial parent shows more than a 15% increase in salary, there is an automatic review…

A request to increase support due to significant change in financial circumstance  is usually initiated by the custodial parent if the non-custodial parent gets a higher paying job, promoted or comes into a sum of money through inheritance or winnings.  Another reason a custodial parent may seek to increase support is if there was a significant increase in the child’s expenses. These could include things such as uncovered medical or dental expenses, child care, or educations expenses.

A request to decrease the amount of child support due to a significant change in financial circumstances is usually initiated by the non-custodial parent due to a job loss, illness, or other major change in financial circumstance.  It should be stressed that voluntarily quitting a job cannot be used to justify a downward modification. Also, a temporary loss of employment will usually not justify a reduction in support. The court will require proof of  search for employment in these cases. Generally speaking, a court is not inclined to reduce a child’s standard of living except in extreme circumstances.

Another note on requesting a reduction- Do not rely on a verbal agreement for  reduction in support. If you and your child’s other parent have a falling out at a later date, they can request that all child support under the written order be paid and the court must uphold that order. There are several legal ramifications to you for not paying child support in New York State. A non-custodial parent who falls behind in payments also risks having his or her driver’s license or professional and business licenses suspended, bank accounts seized, passport revoked, and tax refunds intercepted. If the non-custodial parent is found to have willfully and voluntarily failed to pay a child support order, he or she may be jailed  for up to six months for contempt of court.

A change is the child’s living arrangements may also justify a modification to the original support order. If the child begins to live with the non-custodial parent on a increased, long-term basis; it may result an increased cost of living for that parent, and a modification may be justified. It is so important to get good legal advice by licensed attorney in your state when dealing with support issues. The outcome of the order will have long-term effects on the entire family for your child’s lifetime.

If you live in the Upstate NY area, please feel free to Contact us with any questions you may have about your child support case by using the above link or calling our office at 315-701-2939.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.